What This Statute Says
This section prevents the conciliation procedure from being used as a stalling tactic. A second petition within one year does not pause anything, but a petition filed more than a year after the first works the same as any other petition.
Once a petition by either or both of the spouses has been filed as permitted by section 25-381.09, the filing of any subsequent petition under such section within one year thereafter by either or both of the spouses shall not stay any action for annulment, dissolution of marriage, or legal separation then pending nor prohibit the filing of such an action by either party. The filing of a subsequent petition by either or both of the spouses more than one year after the filing of any previous petition with such effect shall have the same effect toward staying any domestic relations action then pending and toward prohibiting the filing of any such action as provided in section 25-381.18.
A.R.S. § 25-381.22When This Statute Comes Into Play
This rule applies when:
- A spouse has already filed a conciliation petition and is considering filing another one within a year.
- An attorney is reviewing the timing options for a client whose first conciliation attempt did not succeed.
- A judge has to decide whether a new conciliation petition stays a pending divorce action.
What This Means for Arizona Families
Many Arizona conciliation petitions are filed in good faith, but the sixty-day stay can be abused if there is no limit on repetition. The one-year rule strikes a balance: a second attempt is allowed, just without the protective pause that would let one spouse keep the other from moving forward.
Reconciliation is rare once a divorce filing is on the table, but the Court of Conciliation has helped many Arizona couples either repair the marriage or part on better terms. Either result has estate-planning consequences. Our FAQ on how divorce affects your Arizona estate plan covers the updates that follow a finalized dissolution; if you reconcile, the same plan needs a different review. The Arizona community property presumption and any premarital agreement the spouses signed both shape what is on the table during conciliation. An Arizona family law attorney working with an estate planning attorney can keep the two tracks coordinated regardless of which way the petition resolves.